[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9329-9336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04454]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2618-18; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB72
Extension of the Designation of Syria for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Syria for Temporary Protected Status (TPS)
for 18 months, from April 1, 2018, through September 30, 2019. The
extension allows currently eligible TPS beneficiaries to retain TPS
through September 30, 2019, so long as they otherwise continue to meet
the eligibility requirements for TPS. This Notice also sets forth
procedures necessary for nationals of Syria (or aliens having no
nationality who last habitually resided in Syria) to re-register for
TPS and to apply for Employment Authorization Documents (EADs) with
U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new
EADs with a September 30, 2019 expiration date to eligible Syria TPS
beneficiaries who timely re-register and apply for EADs under this
extension.
DATES: Extension of Designation of Syria for TPS: The 18-month
extension of the TPS designation of Syria is effective April 1, 2018,
and will remain in effect through September 30, 2019. The 60-day re-
registration period runs from March 5, 2018 through May 4, 2018. (Note:
It is important for re-registrants to timely re-register during this
60-day period and not to wait until their EADs expire.)
[[Page 9330]]
FOR FURTHER INFORMATION CONTACT:
You may contact Samantha Deshommes, Branch Chief,
Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, U.S. Department of Homeland
Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by
phone at 800-375-5283.
If you have additional questions about Temporary Protected
Status, please visit uscis.gov/tools. Our online virtual assistant,
Emma, can answer many of your questions and point you to additional
information on our website. If you are unable to find your answers
there, you may also reach out to our USCIS contact center at 800-375-
5283.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
website at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section (IER)
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Through this Notice, DHS sets forth procedures necessary for
eligible nationals of Syria (or aliens having no nationality who last
habitually resided in Syria) to re-register for TPS and to apply for
renewal of their EADs with USCIS. Re-registration is limited to persons
who have previously registered for TPS under the designation of Syria
and whose applications have been granted. Certain individuals may be
eligible to file a late initial application for TPS if they meet the
conditions described in 8 CFR 244.2(f)(2). In addition to meeting other
eligibility criteria, initial applicants for TPS under this extension
must demonstrate that they have been continuously residing in the
United States since August 1, 2016, and continuously physically present
in the United States since October 1, 2016. Information on late initial
filing is also available on the USCIS TPS website link at
www.uscis.gov/tps.
For individuals who have already been granted TPS under Syria's
designation, the 60-day re-registration period runs from March 5, 2018
through May 4, 2018. USCIS will issue new EADs with a September 30,
2019 expiration date to eligible Syrian TPS beneficiaries who timely
re-register and apply for EADs. Given the timeframes involved with
processing TPS re-registration applications, DHS recognizes that not
all re-registrants will receive new EADs before their current EADs
expire on March 31, 2018. Accordingly, through this Federal Register
notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Syria for 180 days, through September 27, 2018. This
Notice explains how TPS beneficiaries and their employers may determine
which EADs are automatically extended and how this affects the Form I-
9, Employment Eligibility Verification, and E-Verify processes.
Individuals who have a pending Syria TPS application will not need
to file a new Application for Temporary Protected Status (Form I-821).
DHS provides additional instructions in this Notice for individuals
whose TPS applications remain pending and who would like to obtain an
EAD valid through September 30, 2019. There are approximately 7,000
current beneficiaries under Syria's TPS designation
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period and so long as a TPS
beneficiary continues to meet the requirements of TPS, he or she is
eligible to remain in the United States, may not be removed, and is
authorized to work and obtain an EAD.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a country's TPS designation,
beneficiaries return to either:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid on
the date TPS terminates.
When was Syria designated for TPS?
Former Secretary of Homeland Security Napolitano initially
designated Syria for TPS on March 29, 2012, based on extraordinary and
temporary conditions resulting from the Syrian military's violent
suppression of opposition to President Bashar al-Assad's regime that
prevented Syrian nationals from safely returning to Syria. See
Designation of Syrian Arab Republic for Temporary Protected Status, 77
FR 19026 (Mar. 29, 2012). Following the initial designation, former
Secretaries Napolitano and Johnson extended and redesignated Syria for
TPS three times. Most recently, in 2016, former Secretary Johnson both
extended Syria's designation and redesignated Syria for TPS for 18
months through March 31, 2018. See Extension and Redesignation of Syria
for Temporary Protected Status, 81 FR 50533 (Aug. 1, 2016).
What authority does the Secretary have to extend the designation of
Syria for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\1\ The Secretary may then grant TPS to eligible nationals of
that foreign state (or eligible aliens having no nationality who last
habitually resided in the designated country). See INA section
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate
[[Page 9331]]
Government agencies, must review the conditions in a foreign state
designated for TPS to determine whether the conditions for the TPS
designation continue to be met. See INA section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary does not determine that a foreign
state no longer meets the conditions for TPS designation, the
designation will be extended for an additional period of 6 months or,
in the Secretary's discretion, 12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Syria through
September 30, 2019?
DHS has reviewed conditions in Syria. Based on the review,
including input received from other U.S. Government agencies, the
Secretary has determined that an 18-month extension is warranted
because the ongoing armed conflict and extraordinary and temporary
conditions that prompted Syria's 2016 redesignation for TPS persist.
Syria is engulfed in an ongoing civil war marked by brutal violence
against civilians, egregious human rights violations and abuses, and a
humanitarian disaster on a devastating scale across the country.
Beginning in March 2011, the Syrian Arab Republic Government (SARG)
mobilized the military to violently suppress citizens advocating for
greater political freedoms, initiating a brutal crackdown, and
employing excessive force against civilians, including arbitrary
executions, killing and persecution of protestors and members of the
media, arbitrary detentions, disappearances, torture, and ill-treatment
in an effort to retain control of the country. Since the beginning of
the conflict, as many as 500,000 Syrians are dead or missing. The SARG
and its allies continue to wage a brutal war resulting in significant
civilian casualties. On April 4, 2017, the Syrian military used
chemical weapons on the village of Khan Sheikhoun.
The SARG's use of barrel bombs against civilians is an ongoing
occurrence in major population centers, with thousands of bombs dropped
in 2016 and 2017. Syrian regime forces dropped 613 barrel bombs in
November 2017 alone, according to monthly reporting statistics from the
Syrian Network for Human Rights.
After nearly seven years of armed conflict, over half of Syria's
pre-war population has been forced to flee from their homes. There are
11.5 million displaced Syrians in the region, both inside Syria and in
neighboring countries. The United Nations High Commissioner for
Refugees has reported over 1,240,000 civilian displacements in the last
12 months alone. Every year of the conflict has seen a massive growth
in refugees. In July 2012, there were 100,000 refugees. One year later,
there were 1.5 million. As of January 2018, there were over 5.4 million
Syrian refugees in the region.
Syria is experiencing a humanitarian crisis, with over 73% of the
Syrian population in need of assistance. The humanitarian situation is
particularly severe in areas besieged by the SARG. For example, an
estimated 400,000 civilians in Eastern Ghouta have been pushed to the
brink of famine since March 2017, when the government tightened its
siege of the Damascus suburb. The Syrian regime adds to this suffering
by regularly bombing and firing artillery and rockets into Eastern
Ghouta. Malnutrition rates there are the highest seen so far in Syria
since the beginning of the crisis. In a December 10, 2017 statement,
the United Nations Children's Fund called for the immediate evacuation
of scores of sick children from Eastern Ghouta. The U.S. Mission to the
United Nations has decried the situation in Eastern Ghouta as ``the
latest version of the Assad regime's despicable `starve and surrender'
strategy.'' Although 29 critically-ill civilians were evacuated in late
December 2017, the Department of State condemned the SARG for its
ongoing blockade of humanitarian aid to the besieged area, where as of
February 2018 hundreds still awaited medical evacuation, and many had
died as they waited. Since early 2018, a new campaign of SARG
airstrikes targeting major roads and hospitals has killed hundreds of
civilians in Eastern Ghouta.
In northwestern Idlib province, a SARG offensive initiated in late
December 2017 further threatens the safety and security of up to one
million internally displaced civilians. As frequent airstrikes have
forced civilians to evacuate the southern areas of Idlib, tens of
thousands of newly displaced Syrians have amassed along the Turkish
border seeking assistance.
Over 9 million Syrians are in need of emergency food assistance. As
of September 2017, the United Nations World Food Program assessed that
food production in Syria was at an all-time low and that the situation
was showing no sign of improving. Due to an 800 percent increase in the
consumer food price index between 2010 and 2016, 90 percent of Syrian
households now spend over half of their income on food, compared with
25 percent before the crisis.
As of March 2017, 51 percent of Syrians lacked regular access to
the public water system, relying instead on unregulated systems not
tested for water purity. Schools and hospitals are significantly
impacted by the lack of basic levels of sanitation, as well as the
destruction of many facilities. Water shortages, particularly in
Damascus, have exacerbated children's vulnerability to communicable
diseases. In 2016, nearly half of Syria's current population suffered
from the use of water as a weapon of war due to deliberate water cuts
by warring factions.
Syria's medical system is in crisis. More than half of public
hospitals and primary health centers have closed or are only partially
functioning, and 11.5 million Syrians, including nearly 5 million
children, do not have access to health care. SARG forces target Syrian
medical personnel and facilities as part of their military strategy.
Physicians for Human Rights has estimated that 98 percent of doctors
have been killed or displaced in Aleppo. Outbreaks of preventable
diseases are on the rise, including polio, which had been eradicated in
Syria prior to the ongoing conflict.
Facing troop shortages after years of conflict, the Syrian military
is increasingly relying on forced conscription to fill its ranks,
launching large-scale arrests of military-age men through raids and
checkpoints. In December 2016, SARG forces arrested and conscripted
civilians fleeing rebel-held areas of Aleppo. In September 2017, the
Syrian Network for Human Rights reported ``almost daily raiding and
arrest campaigns'' focusing on males aged 18-42 years old for the
purpose of military conscription. Numerous factions fighting the Syrian
regime also forcibly recruit civilians, including children, to serve in
combat roles. The self-described Islamic State of Iraq and Syria (ISIS)
has the greatest reliance on child soldiers in Syria. Former ISIS child
soldiers have described children as young as twelve being used as
suicide bombers and children as young as six assisting in Islamic State
executions.
Despite these circumstances, there have been incremental
improvements in stability in Syria. In a January 17, 2018 speech,
Secretary of State Tillerson noted that ISIS is substantially, but not
completely defeated, although it
[[Page 9332]]
continues to wage an insurgency that poses a threat to the Syrian
people. He highlighted significant gains made in combatting the
terrorist organization, including the liberation of Raqqa (ISIS's self-
declared capital) and the vast majority of Syrian territory once held
by ISIS. Secretary Tillerson highlighted the ``catastrophic state of
affairs . . . related to the continued lack of security and legitimate
governance in Syria,'' and acknowledged the essential role of a
continued U.S. military presence in Syria to cement gains and help
bring an end to the civil war.
Secretary Tillerson related that U.S. efforts have helped tens of
thousands of Syrian refugees and hundreds of thousands of internally-
displaced persons return to their homes. According to the United
Nations Office for the Coordination of Humanitarian Affairs, the number
of Syrians returning to their homes in 2017 increased from 2016, with
721,000 Syrians returning home in 2017 (655,000 of whom were
internally-displaced persons and approximately 66,000 of whom were
refugees), compared to 560,000 returning in 2016. However, new
displacement and attempts to flee Syria outstripped returns by 3 to 1
in 2017, and the UN has stated that large-scale returns now could have
a catastrophic effect given the lack of safe conditions and the
availability of basic infrastructure.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
The conditions supporting the 2016 redesignation of Syria
for TPS continue to be met. See INA section 244(b)(3)(A) and (C), 8
U.S.C. 1254a(b)(3)(A) and (C).
There continues to be an ongoing armed conflict in Syria
and, due to such conflict, requiring the return of Syrian nationals (or
aliens having no nationality who last habitually resided in Syria) to
Syria would pose a serious threat to their personal safety. See INA
section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in Syria that prevent Syrian nationals (or aliens having no
nationality who last habitually resided in Syria) from returning to
Syria in safety, and it is not contrary to the national interest of the
United States to permit Syrian TPS beneficiaries to remain in the
United States temporarily. See INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
The designation of Syria for TPS should be extended for an
18-month period, from April 1, 2018 through September 30, 2019. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Notice of Extension of the TPS Designation of Syria
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, the conditions that supported Syria's
2016 redesignation for TPS continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the existing designation of TPS for Syria
for 18 months, from April 1, 2018, through September 30, 2019. See INA
section 244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).
Kirstjen M. Nielsen,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To re-register for TPS based on the designation of Syria, you must
submit an Application for Temporary Protected Status (Form I-821). You
do not need to pay the filing fee for the Form I-821. See 8 CFR 244.17.
You may be required to pay the biometric services fee. Please see
additional information under the ``Biometric Services Fee'' section of
this Notice.
Through operation of this Federal Register notice, your existing
EAD issued under the TPS designation of Syria with the expiration date
of March 31, 2018, is automatically extended for 180 days, through
September 27, 2018. You do not need to apply for a new EAD in order to
benefit from this 180-day automatic extension. However, if you want to
obtain a new EAD valid through September 30, 2019, you must file an
Application for Employment Authorization (Form I-765) and pay the Form
I-765 fee (or request a fee waiver). Note, if you do not want a new
EAD, you do not have to file Form I-765 or pay the Form I-765 fee. If
you do not want to request a new EAD now, you may also file Form I-765
at a later date and pay the fee (or request a fee waiver), provided
that you still have TPS or a pending TPS application. But unless you
timely re-register and properly file an EAD application in accordance
with this Notice, the validity of your current EAD will end on
September 27, 2018. You may file the application for a new EAD either
prior to or after your current EAD has expired. However, you are
strongly encouraged to file your application for a new EAD as early as
possible to avoid gaps in the validity of your employment authorization
documentation and to ensure that you receive your new EAD by September
27, 2018.
If you are seeking an EAD with your re-registration for TPS, please
submit both the Form I-821 and Form I-765 together. If you are unable
to pay the application fee and/or biometric services fee, you may
complete a Request for Fee Waiver (Form I-912) or submit a personal
letter requesting a fee waiver with satisfactory supporting
documentation. For more information on the application forms and fees
for TPS, please visit the USCIS TPS web page at http://www.uscis.gov/tps. Fees for the Form I-821, the Form I-765, and biometric services
are also described in 8 CFR 103.7(b)(1)(i).
Note: If you have a Form I-821 and/or Form I-765 that was still
pending as of March 5, 2018, then you do not need to file either
application again. If your pending TPS application is approved, you
will be granted TPS through September 30, 2019. Similarly, if you have
a pending TPS-related application for an EAD that is approved, it will
be valid through the same date.
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay for the
biometric services fee, you may apply for a fee waiver by completing a
Form I-912 or by submitting a personal letter requesting a fee waiver,
and providing satisfactory supporting documentation. For more
information on the biometric services fee, please see the instructions
to Form I-821 or visit the USCIS website at http://www.uscis.gov. If
necessary, you may be required to visit an Application Support Center
(ASC) to have your biometrics captured. In such a case, USCIS will send
you an ASC scheduling notice. For additional information on the USCIS
biometrics screening process, please see the USCIS Customer Profile
Management Service Privacy Impact Assessment, available at www.dhs.gov/privacy.
Re-filing a Re-registration TPS Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly. Properly filing early will also allow you to have time to
refile your application before the deadline, should USCIS deny your fee
waiver request. If, however, you receive
[[Page 9333]]
a denial of your fee waiver request and are unable to refile by the re-
registration deadline, you may still refile your Form I-821 with the
biometrics fee. This situation will be reviewed to determine whether
you established good cause for late TPS re-registration. However, you
are urged to refile within 45 days of the date on any USCIS fee waiver
denial notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for
late re-registration, visit the USCIS TPS web page at http://www.uscis.gov/tps. Following denial of your fee waiver request, you may
also refile your Form I-765 with fee either with your Form I-821 or at
a later time, if you choose.
Note: Although a re-registering TPS beneficiary age 14 and
older must pay the biometric services fee (but not the Form I-821
fee) when filing a TPS re-registration application, you may decide
to wait to request an EAD. Therefore, you do not have to file the
Form I-765 or pay the associated Form I-765 fee (or request a fee
waiver) at the time of re-registration, and could wait to seek an
EAD until after USCIS has approved your TPS re-registration
application. If you choose to do this, to re-register for TPS you
would only need to file the Form I-821 with the biometrics services
fee, if applicable, (or request a fee waiver).
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you . . . Mail to . . .
------------------------------------------------------------------------
Are sending through the U.S. Postal USCIS, Attn: TPS Syria, P.O.
Service. Box 6943, Chicago, IL 60680-
6943.
Are sending by FedEx, UPS, or DHL...... USCIS, Attn: TPS Syria, 131 S.
Dearborn Street, 3rd Floor,
Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. When re-registering and/or requesting an EAD based on an IJ/
BIA grant of TPS, please include a copy of the IJ or BIA order granting
you TPS with your application. This will help us verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at www.uscis.gov/tps under
``Syria.''
Employment Authorization Document (EAD)
How can I get information on the status of my EAD request?
To get case status information about your TPS application,
including the status of a request for an EAD, you can check Case Status
Online, available at http://www.uscis.gov, or call the USCIS National
Customer Service Center at 800-375-5283 (TTY 800-767-1833). If your
Form I-765 has been pending for more than 90 days, and you still need
assistance, you may request an EAD inquiry appointment with USCIS by
using the InfoPass system at https://infopass.uscis.gov. However, we
strongly encourage you first to check Case Status Online or call the
USCIS National Customer Service Center for assistance before making an
InfoPass appointment.
Am I eligible to receive an automatic 180-day extension of my current
EAD through September 27, 2018, using this Federal Register notice?
Yes. Provided that you currently have a Syria TPS-based EAD, this
Federal Register notice automatically extends your EAD by 180 days
(through September 27, 2018) if you:
Are a national of Syria (or an alien having no nationality
who last habitually resided in Syria); and
Have an EAD with a marked expiration date of March 31,
2018, bearing the notation A-12 or C-19 on the face of the card under
Category.
Although this Federal Register notice automatically extends your
EAD through September 27, 2018, you must re-register timely for TPS in
accordance with the procedures described in this Federal Register
notice if you would like to maintain your TPS.
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Form I-9. Employers must complete Form I-
9 to verify the identity and employment authorization of all new
employees. Within three days of hire, employees must present acceptable
documents to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which is evidence of employment authorization),
or you may present an acceptable receipt for List A, List B, or List C
documents as described in the Form I-9 Instructions. Employers may not
reject a document based on a future expiration date. You can find
additional detailed information about Form I-9 on USCIS' I-9 Central
web page at http://www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. If your EAD has an
expiration date of March 31, 2018, and states A-12 or C-19 under
Category, it has been extended automatically for 180 days by virtue of
this Federal Register notice and you may choose to present this Notice
along with your EAD to your employer as proof of identity and
employment eligibility for Form I-9 through September 27, 2018, unless
your TPS has been withdrawn or your request for TPS has been denied. If
you properly filed for a new EAD in accordance with this Notice, you
will also receive Form I-797C, Notice of Action that will state your
current A-12 or C-19 coded EAD is automatically extended for 180 days.
You may choose to present your EAD to your employer together with this
Form I-797C as a List A document that provides evidence of your
identity and employment authorization for Form I-9 through September
27, 2018, unless your TPS has been withdrawn or your request for TPS
has been denied. See the subsection titled, ``How do my employer and I
complete the Employment Eligibility Verification (Form I-9) using an
automatically extended EAD for a new job?'' for further information.
To reduce confusion over this extension at the time of hire, you
should explain to your employer that your EAD has been automatically
extended through September 27, 2018. You may also provide your employer
with a copy of this Federal Register notice, which explains that your
EAD has been automatically extended. As an alternative to presenting
evidence of your automatically extended EAD, you may choose to present
any other acceptable document from List A, a combination of one
selection from List B and one selection from List C, or a valid
receipt.
[[Page 9334]]
What documentation may I present to my employer for Employment
Eligibility Verification (Form I-9) if I am already employed but my
current TPS-related EAD is set to expire?
Even though your EAD has been automatically extended, your employer
will need to ask you about your continued employment authorization no
later than before you start work on April 1, 2018. You will need to
present your employer with evidence that you are still authorized to
work. Once presented, you may correct your employment authorization
expiration date in Section 1 and your employer should correct the EAD
expiration date in Section 2 of Form I-9. See the subsection titled,
``What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been automatically extended?'' for further information. You may show
this Federal Register notice to your employer to explain what to do for
Form I-9 and to show that your EAD has been automatically extended
through September 27, 2018. Your employer may need to re-inspect your
automatically extended EAD to check the expiration date and Category
code to record the updated expiration date on your Form I-9 if your
employer did not keep a copy of this EAD when you initially presented
it. In addition, if you properly filed your Form I-765 to obtain a new
EAD, you will receive a Form I-797C, Notice of Action. Form I-797C will
state that your current A-12 or C-19 coded EAD is automatically
extended for 180 days. You may present Form I-797C to your employer
along with your EAD to confirm that the validity of your EAD has been
automatically extended through September 27, 2018, unless your TPS has
been withdrawn or your request for TPS has been denied. To reduce the
possibility of gaps in your employment authorization documentation, you
should file your Form I-765 to request a new EAD as early as possible
during the re-registration period.
The last day of the automatic EAD extension is September 27, 2018.
Before you start work on September 28, 2018, your employer must
reverify your employment authorization. At that time, you must present
any document from List A or any document from List C on Form I-9 Lists
of Acceptable Documents, or an acceptable List A or List C receipt
described in the Form I-9 instructions to reverify employment
authorization.
By September 28, 2018, your employer must complete Section 3 of the
current version of the form, Form I-9 (version 07/17/17 N), and attach
it to the previously completed Form I-9, if your original Form I-9 was
a previous version. Your employer can check the USCIS' I-9 Central web
page at http://www.uscis.gov/I-9Central for the most current version of
Form I-9.
Note that your employer may not specify which List A or List C
document you must present and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Syrian citizenship?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears
to be genuine and that relates to you, or an acceptable List A, List B,
or List C receipt. Employers need not reverify List B identity
documents. Employers may not request documentation that does not appear
on the ``Lists of Acceptable Documents.'' Therefore, employers may not
request proof of Syrian citizenship or proof of re-registration for TPS
when completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended, employers should accept such documents as
a valid List A document so long as the EAD reasonably appears to be
genuine and relates to the employee. Refer to the Note to Employees
section of this Federal Register notice for important information about
your rights if your employer rejects lawful documentation, requires
additional documentation, or otherwise discriminates against you based
on your citizenship or immigration status, or your national origin.
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using my automatically extended employment authorization for
a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before September 28, 2018, you and your employer should do the
following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter September
27, 2018, the automatically extended EAD expiration date as the
``expiration date, if applicable, mm/dd/yyyy''; and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(your EAD and other documents from DHS will have your USCIS number or
A-Number printed on it; the USCIS number is the same as your A-Number
without the A prefix).
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring
it is in category A-12 or C-19 and has a March 31, 2018 expiration
date;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert September 27, 2018, the date that is 180 days from the
date the current EAD expires.
If you also filed for a new EAD, as proof of the automatic
extension of your employment authorization, you may present your
expired or expiring EAD with category A-12 or C-19 in combination with
the Form I-797C Notice of Action showing that the EAD renewal
application was filed and that the qualifying eligibility category is
either A-12 or C-19. Unless your TPS has been withdrawn or your request
for TPS has been denied, this document combination is considered an
unexpired EAD under List A. In these situations, to complete Section 2,
employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A-12 or C-19; and
The category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A-12
and C-19 to be the same category code.
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert September 27, 2018, the date that is 180 days from the
date the current EAD expires. Before the start of work on September 28,
2018, employers must reverify the employee's employment authorization
in Section 3 of Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to re-inspect your current EAD if they do not have a
copy of the EAD on file. You may, and your employer should, correct
your previously completed Form I-9 as follows:
1. For Section 1, you may:
[[Page 9335]]
a. Draw a line through the expiration date in Section 1;
b. Write September 27, 2018, the date that is 180 days from the
date your current EAD expires above the previous date (March 31, 2018);
and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A-12 or C-19; and
Has an expiration date of March 31, 2018.
b. Draw a line through the expiration date written in Section 2;
c. Write September 27, 2018, the date that is 180 days from the
date the employee's current EAD expires above the previous date (March
31, 2018); and
d. Initial and date the correction in the Additional Information
field in Section 2.
In the alternative, if you properly applied for a new EAD, you may
present your expired EAD with category A-12 or C-19 in combination with
the Form I-797C Notice of Action. The Form I-797C should show that the
EAD renewal application was filed and that the qualifying eligibility
category is either A-12 or C-19. To avoid confusion, you may also
provide your employer a copy of this Notice. Your employer should
correct your previously completed Form I-9 as follows:
For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A-12 or C-19; and
The category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A-12
and C-19 to be the same category code.
b. Draw a line through the expiration date written in Section 2;
c. Write September 27, 2018, the date that is 180 days from the
date the employee's current EAD expires above the previous date (March
31, 2018); and
d. Initial and date the correction in the Additional Information
field in Section 2.
Note: This is not considered a reverification. Employers do not
need to complete Section 3 until either the 180-day extension has
ended or the employee presents a new document to show continued
employment authorization, whichever is sooner. By September 28,
2018, when the employee's automatically extended EAD has expired,
employers must reverify the employee's employment authorization in
Section 3.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee using
the EAD bearing the expiration date March 31, 2018, or the Form I-797C
receipt information provided on Form I-9. In either case, the receipt
number entered as the document number on Form I-9 should be entered
into the document number field in E-Verify.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
E-Verify automated the verification process for employees whose
TPS-related EAD was automatically extended. If you have employees who
are TPS beneficiaries who provided a TPS-related EAD when they first
started working for you, you will receive a ``Work Authorization
Documents Expiring'' case alert when the auto-extension period for this
EAD is about to expire. This indicates that you should update Form I-9
in accordance with the instructions above. Before such an employee
starts to work on September 28, 2018, employment authorization must be
reverified in Section 3. Employers should not use E-Verify for
reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected].
Calls and emails are accepted in English and many other languages. For
questions about avoiding discrimination during the employment
eligibility verification process (Form I-9 and E-Verify), employers may
call the U.S. Department of Justice's Civil Rights Division, Immigrant
and Employee Rights Section (IER) (formerly the Office of Special
Counsel for Immigration-Related Unfair Employment Practices) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). The IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. Calls are accepted in English and
Spanish. Translation services in other languages including Arabic are
also available upon request. Employees or applicants may also call the
IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information
regarding employment discrimination based upon citizenship, immigration
status, or national origin, including discrimination related to
Employment Eligibility Verification (Form I-9) and E-Verify. The IER
Worker Hotline provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Employment Eligibility Verification (Form I-9)
Instructions. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employers participating in E-Verify who receive an E-Verify case result
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees
of the TNC and give such employees an opportunity to contest the TNC. A
TNC case result means that the information entered into E-Verify from
an employee's Form I-9 differs from Federal or state government
records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper
[[Page 9336]]
nondiscriminatory Form I-9 and E-Verify procedures is available on the
IER website at https://www.justice.gov/ier and the USCIS website at
http://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
Examples of such documents are:
(1) Your current EAD;
(2) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your application to renew your current EAD providing an
automatic extension of your currently expired or expiring EAD;
(3) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your Application for Temporary Protected Status for this
re-registration; and
(4) A copy of your Notice of Action (Form I-797), the notice of
approval, for a past or current Application for Temporary Protected
Status, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the USCIS
Systematic Alien Verification for Entitlements (SAVE) program to
confirm the current immigration status of applicants for public
benefits. In most cases, SAVE provides an automated electronic response
to benefit-granting agencies within seconds, but, occasionally,
verification can be delayed. You can check the status of your SAVE
verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the ``Check Your Case''
button. CaseCheck is a free service that lets you follow the progress
of your SAVE verification using your date of birth and one immigration
identifier number. If an agency has denied your application based
solely or in part on a SAVE response, the agency must offer you the
opportunity to appeal the decision in accordance with the agency's
procedures. If the agency has received and acted upon or will act upon
a SAVE verification and you do not believe the response is correct, you
may make an InfoPass appointment for an in-person interview at a local
USCIS office. Detailed information on how to make corrections, make an
appointment, or submit a written request to correct records under the
Freedom of Information Act can be found on the SAVE website at http://www.uscis.gov/save.
[FR Doc. 2018-04454 Filed 3-1-18; 11:15 am]
BILLING CODE 9111-97-P